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Labour Arbitration of Co-Worker Sexual Harassment Cases in Canada

Resource type
Author/contributor
Title
Labour Arbitration of Co-Worker Sexual Harassment Cases in Canada
Abstract
Women have the right to a workplace free from sexual harassment under Canadian provincial and federal human rights legislation. Canadian labour laws incorporate the right to a grievance procedure including binding arbitration where arbitrators must interpret and apply human rights legislation. This paper analyzes co-worker sexual harassment cases in order to assess how well arbitrations protect the right of unionized women to a harassment free workplace. Results indicate that women complainants were often subjected to aggressive gendered cross-examinations and the application of gendered jurisprudence that largely ignored the impact of gendered power relations in the workplace. The conclusion is that women's experiences in arbitrations are likely a deterrent to filing formal complaints, effectively undermining rather than protecting their rights.
Publication
Canadian Journal of Administrative Sciences / Revue Canadienne des Sciences de l'Administration
Volume
29
Issue
3
Pages
268-279
Date
September 2012
Journal Abbr
Can J Adm Sci
Language
en
ISSN
1936-4490
Accessed
12/4/17, 8:20 PM
Library Catalog
Wiley Online Library
Citation
Hart, S. M. (2012). Labour Arbitration of Co-Worker Sexual Harassment Cases in Canada. Canadian Journal of Administrative Sciences / Revue Canadienne Des Sciences de l’Administration, 29(3), 268–279. https://doi.org/10.1002/cjas.1222